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2003 Supreme(Mad) 262

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE E. PADMANABHAN
S.Murugan & Another - Appellant
Versus
VOC Industrial Training Institute & Others - Respondents
WRIT PETITION NOS:12347 & 15695 OF 2000
Decided On : 21 February 2003

Advocates Appeared:For the Petitioner:Mrs.R.T.Shyamala, Advocate. For the Respondents: Ms.V.Velumani AGP, Mr.G.jayachandran, ACGSC.

The main legal point established in the judgment is that the admission of students in vocational training institutes must comply with the provisions of the National Council for Vocational Training Act, 1996, and any admission beyond the approved strength is in contravention of the Act.

Headnote:

Mandamus - National Trade Certificate in Electrician Course - [Electrician Course] - [National Council for Vocational Training Act, 1996, Section 4(1)(a); National Council for Vocational Training Act, 1996, Section 4(1)(b); National Council for Vocational Training Act, 1996, Section 4(2)] - The court discussed the provisions of the National Council for Vocational Training Act, 1996, particularly Section 4(1)(a), Section 4(1)(b), and Section 4(2), which regulate the affiliation and admission of students in vocational training institutes. The court emphasized that the institute's admission of students beyond the approved strength was in contravention of the Act, and therefore, no mandamus could be issued for the issuance of certificates.

Fact of the Case:

The petitioners sought the issuance of National Trade Certificates in Electrician Course from the respondents. The respondents contended that the institute had admitted students beyond the approved strength, contravening the affiliation procedure.

Finding of the Court:

The court found that the petitioners were not entitled to the relief of mandamus as the institute had admitted students in excess of the approved strength.

Issues: The main issue was whether the petitioners were entitled to the issuance of National Trade Certificates in Electrician Course despite the institute's admission of students beyond the approved strength.

Ratio Decidendi: The court held that the admission of students beyond the approved strength by the institute was in contravention of the National Council for Vocational Training Act, 1996, and therefore, no mandamus could be issued for the issuance of certificates.

Final Decision: Both the writ petitions were dismissed, and no costs were awarded to the petitioners.

Judgment :-

W.P.No:2347 of 2000 has been filed by S.Murugan, seeking for the issue of a writ of mandamus directing the second respondent to issue the National Trade Certificate in Electrician Course to the petitioner.

2. W.P.No: 15695 of 2000 has been filed by the VOC Industrial Training Institute represented by its Correspondent, seeking for the issue of a writ of mandamus directing the third respondent to issue a the certificates for the Electrician one Unit of 1996 batch students, who sat for the examination in the year 1998 along with another one Unit Electrician students in pursuance of the order of this court in W.P.No.10301/98, dated 26.4.1999.

3. The petitioner in W.P.No.12347 of 2000 was one of the students who was admitted to the VOC Industrial Training Institute, petitioner in W.P.no.15695 of 2000, though which it is claimed that he has appeared for the examination in Electrician Trade. In fact one another writ petition was filed by one Selvarajan who was also admitted in the said VOC Industrial Training Institute. By a separate order the said writ petition was disposed of.

4. Heard Mrs.R.T.Shyamala, learned counsel appearing for the writ petitioner in W.P.NO:15695/2000 as well as W.P.No:12347/2000 Ms.V.Velumani, learned Additional Government Pleader, and Mr.G.Jayachandran, Additional Central Government Standing Counsel appearing for the respondents 1 to 3.

5. According to the petitioner VOC Industrial Training Institute, it is an approved Institute by the National Council for Vocational Training and therefore all the students, who were admitted and who appeared for the examination are entitled to the certificates issued by the National Council for Vocational Training. The institute claimed that it is entitled to admit two units, meaning 40 students and therefore 40 students who have been admitted by the Institute and who have passed the Examinations should be issued with the certificates By the National Council for Vocational Training.

6. Per contra, learned Additional Central Government Standing Counsel as well as the Additional Government Pleader contended that the said VOC Industrial Training Institute though is entitled to admit two units, such admission should be in alternate year and not every year. If two units admitted every year it is in contravention of the approval as well as the restriction imposed and it would mean that the institute has admitted students far in excess of the approved or authorised strength. A detailed counter has been filed by the first respondent which would show that only alternate years the Institute could admit two units. In other words, at one time two units of 40 students could undergo the course for both years in Electrician Trade and not two units of 40 students every year, which would mean 80 students in a block period of two years.

7. The learned counsel for the writ petitioner relied upon the order passed by S.S.Subramani,J., on 26.4.19099 in W.P.No:10301 of 1998. The reliance so placed upon the direction issued by S.S.Subramani,J., will not in any way advance the case of the petitioner. The Honourable Judge while issuing directions permitted the students to write examination only in respect of two units only. In respect of other two units no such direction was issued as affiliation has not been granted. The Honourable Judge observed that having not secured affiliation so far, they are not entitled to a direction. The order reads thus:-

"2. The second respondent has filed a counter stating that the permanent affiliation has been ranted for the petitioner institute for two units in respect of Electrician Trade in the year 1992 and recommended trainees for which affiliation is granted. It is submitted by the respondents that they have no objection for the students appearing for the examination and also to have the results published for the affiliated trade. In fact the students have been permitted to write the examination also. In view of the said submission by the Standing Couns




















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